No. 22-567

Gary Mattos, et al. v. AFSCME Council 3

Lower Court: Fourth Circuit
Docketed: 2022-12-20
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 42-usc-1983 agency-fees civil-rights constitutional-rights damages first-amendment good-faith good-faith-defense section-1983 state-law state-law-immunity
Key Terms:
SocialSecurity FirstAmendment DueProcess CriminalProcedure Privacy
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Does defendant's good-faith reliance on a state law before it was held unconstitutional shield it from damages liability for taking agency fees from Petitioners in violation of their constitutional rights under 42 U.S.C. § 1983?

Question Presented (OCR Extract)

QUESTION PRESENTED Section 1983 provides that “every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State” deprives a citizen of a constitutional right “shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.” 42 U.S.C. § 1983. Petitioners are employees of the State of Maryland who were compelled to pay agency fees to AFSCME Council 3, under color of Maryland state law, in violation of their First Amendment rights according to Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is: does defendant’s goodfaith reliance on a state law before it was held unconstitutional shield it from damages liability for taking agency fees from Petitioners in violation of their constitutional rights under 42 U.S.C. § 1983?

Docket Entries

2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-20
Waiver of right of respondent AFSCME Council 3 to respond filed.
2022-12-15

Attorneys

AFSCME Council 3
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Gary Mattos, et al.
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Jeffrey Michael SchwabLiberty Justice Center, Petitioner